Chapter 5.
IMPLEMENTATION ORGANIZATION
Article 24. Ministry of Construction
The Ministry of Construction is the construction state management agency is responsible for:
1. Issue, detailed guidelines of contents: dossier requesting for construction permit issue; construction licensing conditions; application form for a construction permit, construction permit form for each type of work, individual house in accordance with the construction permit forms and guiding the implementation of the contents of this Decree; building the application solution of information technology in the construction permit issue to implement uniform across the country.
2. Organize training, examination, and inspection of the implementation of the provisions of this Decree.
3. Settle complaints and denunciations and handle violations within the jurisdiction; suspend construction or propose provincial-level People's Committee to direct the suspension, handle violations or revoke construction permit upon the detection of the permit issue not in compliance with regulations or the construction work violating the provisions of this Decree and relevant provisions of law.
4. Annually summarize and report to the Prime Minister on the construction permit issue and construction order management according to the construction permit in the national scale.
Article 25. The concerned ministries, branches
1. The ministries, branches according to function of management, are responsible for:
a) Sending a written opinion in their field of management when being consulted by the construction licensing agencies according to the provisions of this Decree;
b) Inspecting and recommending to the provincial-level People's Committee to suspend the construction, revoke the construction permit upon the detection of the license not in compliance with regulations or the construction violating regulations in their field of management.
2. Ministry of Natural Resources and Environment shall coordinate with the Ministry of Construction to guide specifically the types of land use right papers to be considered for a construction permit.
Article 26. Provincial-level People's Committees
People's Committees of provinces and cities under central authority shall:
1. Guide the implementation of the provisions of this Decree of the licensing process, decentralize permits under authority; define coordination and responsibilities of agencies and individuals involved in the construction permit issue, construction order management and other contents to suit the local specific situation.
2. Specify the size of work and time limit of the temporary construction permit in accordance with the plan to implement approved plan of each area, according to the principle of saving, safety and hygiene environment.
3. Arrange organizational structure of the agency licensing construction permit and manage construction to meet the conditions to carry out the task.
4. Organize training, guide the implementation of this Decree and other relevant regulations.
5. Direct and require licensing agencies to consider handling of officials and public employees that have expressed negative, causing delays in construction permit issue.
6. Decide to revoke or cancel the construction permits under their jurisdiction for cases: issued not in compliance with provisions by subordinates; investors build without permits (in the case required to have construction permits), wrongly build compared with construction permits.
7. Organize the examination, inspection, handling of violations of the provisions of this Decree.
8. Report every six months, annually to the Ministry of Construction on the construction permit issue and construction order management in the area.
Article 27. Transitional provision
1. The works, as prescribed before the effective date of this Decree, are not subject to construction permits, but under the provisions of this Decree, are subject to construction permits, if construction has started, it must not propose permits; but if construction has not started, it has to submit the dossiers requesting for considering construction permits before starting construction. The adjustment of construction permit for the works which have been constructed prior to the effective date of this Decree shall comply with the provisions of this Decree.
2. The works subject to the provisions of Article 121 of the Construction Law are continued the implementation in accordance with the Decision No.39/2005/QD-TTg on February 28, 2005 by the Prime Minister on guidelines for implementation of Article 121 of the Construction Law.
Article 28. Implementation provisions
1. This Decree takes effect from October 20, 2012 and replaces the construction permit regulations in the Decree No.12/2009/ND-CP dated February 12, 2009 and the Decree No.83/2009/ND-CP dated October 15, 2009 of the Government on management of work construction investment projects; regulations on underground work construction permit specified in the Decree No.39/2010/ND- CP dated April 07, 2010 of the Government on management of underground work construction space. The previous regulations of the Government, ministries, ministerial-level agencies, and localities on construction permit contrary to this Decree are hereby annulled.
2. Ministers, heads of ministerial-level agencies, the heads of the Governmental agencies, Presidents of the People's Committees of provinces and cities directly under the Central Government, heads of political organizations, socio-political organizations social-political-professional organizations and other relevant organizations and individuals shall implement this Decree.
Tìm kiếm
Nghị định 64/2012/NĐ-CP (Bản Word)
Nghị định 64/2012/NĐ-CP (Bản Pdf)